A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In South Dakota, a living will is recognized under state law as an Advance Directive for Health Care. This legal document allows an individual, known as the declarant, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency. The document can specify whether the declarant wants to receive, withhold, or withdraw life-sustaining treatments if they are in a terminal condition or in a state that is considered irreversible. South Dakota's statutes provide the framework for creating a valid living will, which typically requires the declarant to be an adult of sound mind, and the document must be signed, dated, and either notarized or witnessed by two individuals who meet certain criteria. The state also recognizes Do Not Resuscitate (DNR) orders, which are separate directives that inform medical personnel not to perform CPR or other resuscitative measures if the patient's heart stops or if they stop breathing. It is important for individuals to understand the specific requirements and implications of these documents and to consider consulting with an attorney to ensure that their health care directives are properly executed and reflect their wishes.